《申报》与西方法文化传播(1872-1882)专门史专业论文.docxVIP

PAGE PAGE IV III III Abstract As the main disseminators of western legal culture in modem China, missionaries, western businessmen, western staffs and employees, foreign students and peregrinators returned played an important role in book translation and starting modern publication. Among the many routes of transmission, modern press stands out for its the most extensive influence field and the best effect. Consequently, by means of studying modern press disseminating western legal culture, people can make an overall investigation on Chinas legal modernization. In view of Shanghai as the news distributing centre, studying modern publication in Shanghai becomes indispensable component in researching modern press. Similarly, they must inspect Shendaily when exploring modern publication in Shanghai, because Shendaily is generally acknowledged as the most representative private business publication in modern Shanghai, and even in modern China. It put two column “discuss” and “news” to make comment about laws; quote papers to introduce western legal system, the principal and the idea of western law to local Chinese. In the mean time, Shendaily quoted some vivid law case to enhance the effects. Most importantly, Shendaily made a savage attack on the dark side of Chinese’s backward legal system in some events, and this is the premise of the widespread of western legal culture. At its early stage, Shendaily, which spreads the culture of western jurisdiction, is featured by strong epoch and transforming characteristics. What it disseminates are philosophies and principles of late western bourgeois, including Separation of Powers Background, All men are equal in the sight of law, On the presumption of innocence, Lawyer pleading, public trial, oppose against extended custody, etc, those make more compatriots recognize the darkness and backwardness of Chinese traditional legal system and even recognize the necessity and urgency of transforming the jurisdiction of late Qing D